Criminal Procedure (Scotland) Act 1995

230 Probation orders: requirement of treatment for mental condition. S

(1) [F1 Subject to subsection (3) below,]where the court is satisfied, on the evidence of [F2 an approved medical practitioner], that the mental condition of an offender is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a [F3 compulsory treatment order under section 64 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13) or a compulsion order] the court may, if it makes a probation order, include a requirement that the offender shall submit, for such period F4 . . . as may be specified in the order, to treatment by or under the direction of a registered medical practitioner or chartered psychologist with a view to the improvement of the offender’s mental condition.

(2) The treatment required by virtue of subsection (1) above shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a resident patient in a hospital within the meaning of the said Act of [F5 2003] , not being a State hospital within the meaning of the Act;

(b) treatment as a non-resident patient at such institution or place as may be specified in the order; or

(c) treatment by or under the direction of such registered medical practitioner or chartered psychologist as may be specified in the order,

but otherwise the nature of the treatment shall not be specified in the order.

[F6 (3) A court may make a probation order including a requirement under subsection (1) above only if it is satisfied—

(a) on the written or oral evidence of the registered medical practitioner or chartered psychologist by whom or under whose direction the treatment intended to be specified in the order is to be provided, that the treatment is appropriate; and

(b) that arrangements have been made for that treatment, including, where the offender is to be treated as a resident patient, arrangements for his reception in the hospital intended to be specified in the order.]

(4) Where the registered medical practitioner or chartered psychologist by whom or under whose direction a probationer is receiving any of the kinds of treatment to which he is required to submit in pursuance of a probation order is of the opinion—

(a) that the probationer requires, or that it would be more appropriate for him to receive, a different kind of treatment (whether in whole or in part) from that which he has been receiving, being treatment of a kind which subject to subsection (5) below could have been specified in the probation order; or

(b) that the treatment (whether in whole or in part) can be more appropriately given in or at a different institution or place from that where he has been receiving treatment in pursuance of the probation order,

he may, subject to subsection (6) below, make arrangements for the probationer to be treated accordingly.

(5) Arrangements made under subsection (4) above may provide for the probationer to receive his treatment (in whole or in part) as a resident patient in an institution or place notwithstanding that it is not one which could have been specified for that purpose in the probation order.

(6) Arrangements shall not be made under subsection (4) above unless—

(a) the probationer and any officer responsible for his supervision agree;

(b) the treatment will be given by or under the direction of a registered medical practitioner or chartered psychologist who has agreed to accept the probationer as his patient; and

(c) where such treatment entails the probationer’s being a resident patient, he will be received as such.

(7) Where any such arrangements as are mentioned in subsection (4) above are made for the treatment of a probationer—

(a) any officer responsible for the probationer’s supervision shall notify the appropriate court of the arrangements; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation order.

(8) Subsections (3) to (5) of section 61 of this Act shall apply for the purposes of this section as if for the reference in subsection (3) to section 58(1)(a) of this Act there were substituted a reference to subsection (1) above.

(9) Except as provided by this section, a court shall not make a probation order requiring a probationer to submit to treatment for his mental condition.

Textual Amendments

F1 Words in s. 230(1) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 135(a)(i), 333(2)-(4); S.S.I. 2005/ 161, {art. 3}

F2 By Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 8(15)(a)(i) it is provided that the words "a registered medical practitioner approved under section 20 of the Mental Health (Scotland) Act 1984" in s. 230(1) are substituted; S.S.I. 2005/161, art. 3

F3 Words in s. 230(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 8(15)(a)(ii); S.S.I. 2005/161, art. 3

F4 Words in s. 230(1) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 135(a)(ii), 331(2)(3), 333(2)-(4), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3

F5 Word in s. 230(2)(a) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 8(15)(b); S.S.I. 2005/161, art. 3

F6 S. 230(3) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 135(b), 333(2)-(4); S.S.I. 2005/161, art. 3